| 1 | A bill to be entitled | 
| 2 | An act relating to the Protect Our Homes Loss Mitigation | 
| 3 | Fund; creating s. 215.558, F.S.; creating the Protect Our | 
| 4 | Homes Loss Mitigation Fund in the Office of Insurance | 
| 5 | Regulation of the Financial Services Commission; providing | 
| 6 | a purpose and legislative intent; providing definitions; | 
| 7 | providing for administration of the fund by a board; | 
| 8 | requiring the board to establish guidelines for use of | 
| 9 | appropriated funds; providing requirements of the board in | 
| 10 | providing financial incentives for residential hurricane | 
| 11 | damage prevention activities; providing for an interest- | 
| 12 | free loan program; providing criteria and requirements; | 
| 13 | creating the Protect Our Homes Loss Mitigation Board for | 
| 14 | certain purposes; providing for appointment of members; | 
| 15 | requiring members to serve without compensation; providing | 
| 16 | for per diem and travel expenses; providing for retention | 
| 17 | of funds in the fund from year to year; providing for | 
| 18 | future review and termination; providing an appropriation; | 
| 19 | providing a contingent effective date. | 
| 20 | 
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| 21 | Be It Enacted by the Legislature of the State of Florida: | 
| 22 | 
 | 
| 23 | Section 1.  Section 215.558, Florida Statutes, is created | 
| 24 | to read: | 
| 25 | 215.558  Protect Our Homes Loss Mitigation Fund.-- | 
| 26 | (1)  CREATION; PURPOSE AND INTENT.--The Protect Our Homes | 
| 27 | Loss Mitigation Fund is created within the Office of Insurance | 
| 28 | Regulation of the Financial Services Commission. The purpose of | 
| 29 | the fund is to provide a continuing source of funding for | 
| 30 | financial incentives to encourage residential property owners of | 
| 31 | this state to retrofit their properties to make them less | 
| 32 | vulnerable to hurricane damage and to provide matching funds to | 
| 33 | local governments and nonprofit entities for projects that will | 
| 34 | reduce hurricane damage to residential properties. It is the | 
| 35 | intent of the Legislature that this section be construed | 
| 36 | liberally to effectuate its purpose. | 
| 37 | (2)  DEFINITIONS.--As used in this section: | 
| 38 | (a)  "Appropriation" means annual funds appropriated by the | 
| 39 | Legislature to encourage hurricane loss mitigation efforts | 
| 40 | throughout this state. | 
| 41 | (b)  "Board" means the Protect Our Homes Loss Mitigation | 
| 42 | Board. | 
| 43 | (c)  "Fund" means the Protect Our Homes Loss Mitigation | 
| 44 | Fund. | 
| 45 | (3)  ADMINISTRATION.-- | 
| 46 | (a)  The board shall administer the fund as provided in | 
| 47 | this section. | 
| 48 | (b)  The board shall review citizen requests and make | 
| 49 | determinations on award amounts based upon recommendations made | 
| 50 | by board staff. | 
| 51 | (c)  The board shall establish guidelines for use of | 
| 52 | appropriated funds. The guidelines shall include a priority | 
| 53 | schedule that makes effort to retrofit the most vulnerable homes | 
| 54 | in the state first. It is the intent of the Legislature to make | 
| 55 | it a priority to provide funds to homeowners who permanently | 
| 56 | reside in their property throughout the year. | 
| 57 | (4)  FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE DAMAGE | 
| 58 | PREVENTION ACTIVITIES.-- | 
| 59 | (a)  The board, by rule, shall establish a request for a | 
| 60 | proposal process to annually solicit proposals from lending | 
| 61 | institutions under which the lending institution will provide | 
| 62 | interest-free loans to residential property owners to pay for | 
| 63 | improvements to existing residential properties intended to | 
| 64 | reduce the property's vulnerability to hurricane damage in | 
| 65 | exchange for funding from the fund. | 
| 66 | (b)  In order to qualify for funding under this subsection, | 
| 67 | an interest-free loan program must include a means for verifying | 
| 68 | that the improvements to be paid for from loan proceeds have | 
| 69 | been demonstrated to reduce a property's vulnerability to | 
| 70 | hurricane damage and must include a means for verifying that the | 
| 71 | proceeds were actually spent on such improvements. The program | 
| 72 | must include a method for awarding loans according to the | 
| 73 | priorities established by the board. | 
| 74 | (5)  PROTECT OUR HOMES LOSS MITIGATION BOARD.--The Protect | 
| 75 | Our Homes Loss Mitigation Board is created to administer the | 
| 76 | fund. The board shall consist of: | 
| 77 | (a)  A representative of lending institutions, selected by | 
| 78 | the board from a list of at least three persons recommended by | 
| 79 | the Florida Bankers Association. | 
| 80 | (b)  A representative of residential property insurers, | 
| 81 | selected by the board from a list of at least three persons | 
| 82 | recommended by the Florida Insurance Council. | 
| 83 | (c)  A representative of home builders, selected by the | 
| 84 | board from a list of at least three persons recommended by the | 
| 85 | Florida Home Builders Association. | 
| 86 | (d)  A faculty member of a state university selected by the | 
| 87 | board who is an expert in hurricane-resistant construction | 
| 88 | methodologies and materials. | 
| 89 | (e)  Two members of the House of Representatives selected | 
| 90 | by the Speaker of the House of Representatives. | 
| 91 | (f)  Two members of the Senate selected by the President of | 
| 92 | the Senate. | 
| 93 | (g)  The senior officer of the Florida Hurricane | 
| 94 | Catastrophe Fund. | 
| 95 | (h)  The executive director of the Citizens Property | 
| 96 | Insurance Corporation. | 
| 97 | (i)  The director of the Division of Emergency Management | 
| 98 | of the Department of Community Affairs. | 
| 99 | 
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| 100 | Members appointed under paragraphs (a)-(d) shall serve at the | 
| 101 | pleasure of the board. Members appointed under paragraphs (e) | 
| 102 | and (f) shall serve at the pleasure of the appointing officer | 
| 103 | and shall serve ex officio and in advisory capacity only. | 
| 104 | Members appointed under paragraphs (g)-(i) shall serve ex | 
| 105 | officio and in advisory capacity only. Members of the board | 
| 106 | shall serve without compensation but may receive reimbursement | 
| 107 | for per diem and travel expenses incurred in the performance of | 
| 108 | their official duties as provided in s. 112.061. | 
| 109 | (6)  CONTINUITY.--Notwithstanding the provisions of s. | 
| 110 | 216.301 and pursuant to s. 216.351, any balance in the fund at | 
| 111 | the end of any fiscal year shall remain in the fund at the end | 
| 112 | of the year and shall be available for carrying out the purposes | 
| 113 | of the fund. | 
| 114 | (7)  TERMINATION.--In accordance with s. 19(f)(2), Art. III | 
| 115 | of the State Constitution, the Protect Our Homes Loss Mitigation | 
| 116 | Fund, unless terminated sooner, shall be terminated on July 1, | 
| 117 | 2010. Before its scheduled termination, the fund shall be | 
| 118 | reviewed as provided in s. 215.3206(1) and (2). | 
| 119 | Section 2.  The sum of $500 million is appropriated from | 
| 120 | the General Revenue Fund to the Protect Our Homes Loss | 
| 121 | Mitigation Fund for fiscal year 2006-2007 as a nonrecurring | 
| 122 | appropriation for the purposes specified in s. 215.558, Florida | 
| 123 | Statutes, as created by this act. | 
| 124 | Section 3.  This act shall take effect on the same date | 
| 125 | House Bill 1209 or similar legislation takes effect, if such | 
| 126 | legislation is adopted in the same legislative session or an | 
| 127 | extension thereof and becomes a law. |